A curious order yesterday, from U.S. v. Teixeira (a case involving Jack Teixeira, a nationwide guard member “who pleaded guilty to leaking extremely categorised army paperwork concerning the struggle in Ukraine”):
147 Oct 29, 2024 Decide Indira Talwani: ELECTRONIC ORDER entered. All non-parties who accessed or obtained copies of Defendant’s sentencing memorandum or attachments thereto are ORDERED to destroy all digital and print copies of those paperwork. The filings are sealed paperwork in accordance with this courtroom’s prior order 141. (Talwani, Indira) (Entered: 10/29/2024)
That may’t be proper, I feel. (Disclosure: After seeing this order, I attempted to determine what was happening, and within the course of obtained what seems to be a replica, from the CourtListener web site, so the order would have technically certain me, alongside anybody else who likewise accessed the order.) Apparently, not lengthy earlier than, the courtroom granted a motion to file defendant’s full sentencing memorandum beneath seal; that movement learn,
Counsel for defendant, Jack Teixeira, respectfully strikes that this Court docket, pursuant to Federal Rule of Legal Process 49.1 and Native Rule 7.2, permit the defendant to file its full Sentencing Memorandum, in addition to Displays A and C thereto, beneath seal till additional order of the Court docket.
As grounds, counsel states that Exhibit A to the Sentencing Memorandum is a neuropsychological evaluation containing protected well being details about Mr. Teixeira that shouldn’t be publicly obtainable; Exhibit C is a replica of a report of the Inspector Basic of the Division of the Air Pressure, which was disclosed beneath seal as “Delicate” discovery materials pursuant to this Court docket’s Stipulated Protecting Order, dated, October 3, 2023 (Dkt. No. 111); and Defendant’s Sentencing Memorandum accommodates quotations from these two reveals. Counsel has conferred with the Authorities who assents to this request.
In step with the events’ dialogue, Mr. Teixeira will thereafter file a redacted model of his Sentencing Memorandum, which is able to redact any info topic to the protecting order besides that which is publicly obtainable from different sources. The events intend to debate and quote the findings of the neuropsychological evaluation and its foundation of their submissions however agree that the report itself ought to stay beneath seal till additional order of the Court docket.
One way or the other, although, the memorandum wasn’t filed beneath seal or with redactions (although Displays A and C have been apparently filed beneath seal).
However we cannot get to listen to extra, I count on, about whether or not the order was permissible, as a result of as we speak the next order was issued:
148 Oct 30, 2024 Decide Indira Talwani: ELECTRONIC ORDER vacating Digital Order 147 . The clerk shall replace the docket textual content at 142, inserting the bracketed notations 142 [Redacted] SENTENCING MEMORANDUM, [142-1] [Cover Page] Exhibit A (Skilled Report) Filed Below Seal, [142-3] Exhibit C [Cover Page] Exhibit C (Unredacted IG Report) Filed Below Seal. Docket entries 142, [142-1], [142-2], and [142-3] could then be unsealed. The remaining attachments to 142 shall stay beneath seal. (Prepare dinner, Savannah) (Entered: 10/30/2024)
I’d have beloved to know the backstory ….
